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What are my rights as the primary parent to ensuring that…

What are my rights...

What are my rights as the primary parent to ensuring that the mainly absence father can't continue to destroy and threaten us

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No steps as of yet

Lawyer's Assistant: Family law varies by state. What state are you in?

Maryland

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has a history of domestic abuse as well as Criminal

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Answered in 51 minutes by:
3/19/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,906
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. I am sorry to hear about this. Does the father have any visitation? What has is done or is he doing now?

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Customer reply replied 5 months ago
He is newly out of prison and he demanding to take me to court for visitation because I won't follow his orders in his time frame. My children mainly have no interest ( 8,10,12) in even speaking to him. He consistently threatens me and as stated he has filed paper

Thank you. Absent a court order for visitation or custody, you do not have to give him time with the kids or even listen to his demands. If he wants visitation, the burden is on him, to proceed to court and get it ordered and he would need to show it is in the best interest of the children, for it to be ordered, over your objection. Now, if he is threatening you, you can also call the police and report this, if his actions are criminal or file for a restraining order, to keep him away as well. If he filed, you would be served and until that happens, you do not need to respond.

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Customer reply replied 5 months ago
Thank you so much. With Maryland child custody law, what's to stop him from just showing up to their school and just taking them?
Also what are the chances of him being granted visitation against the child( ren) wishes?. They are my primary focus in emotion and mental well-being so what if they just don't want to do it ( if granted)

They would need to be on the school documents as a parent and to sign them out. Of course, if you are opposing this, you can get a court order preventing it or contact the school and advise them of your concern and the issue and to not release the kids to the father. The Judge is going to decide, based upon their best interest. You would need to argue and present and show that seeing the father will cause this mental harm and it is not good for them. However, it is important to keep in mind that if the father has no visitation or custody and cannot see them, his parental rights are basically being taken away, so the Judge is going to need to have a legal basis for this. If anything, visitation can be supervised. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,906
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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